Akuffo v Agyemang and Others (C13/25/2023) [2025] GHAHC 157 (5 March 2025)

IN THE HIGH COURT OF JUSTICE HELD AT NSAWAM IN THE EASTERN REGION ON WEDNESDAY, THE 5TH DAY OF MARCH, 2025 BEFORE HER LADYSHIP JUSTICE RUBY NAA ADJELEY QUAISON (MRS.), THE HIGHCOURT JUDGE,COURT II SUITNO. C13/25/2023 ABUSUAPANYINKWASI AKUFFO : PLAINTIFF HEADOFODWOBI–ADUAMOAH ASAKYIRE FAMILYOFABURI H/NO. B/4, ASUABA NEARNSAWAM VRS. 1. MOSES KWAMEAGYEMANG : DEFENDANTS 2. SAMPSONAMADI OWUSU 3. QUAOROBERT AGYEMANG 4. OKAEAGYEMANG 5. MATILDA OKAE 6. BOSSMANAGYARKO CONSENT JUDGEMENT WHEREAS on the 21stday of June, 2023 the Plaintiff issued a Writ of Summons with Statement of Claim against the 1st, 2nd, 3rd, 4th, 5th and 6th Defendants claiming the following: a. Declaration that the Plaintiff is duly appointed successor to the late Rev. Andrews Agyemang and also the Head of the Odwobi- da 1 Aduamoah Asakyire family of Aburi and Akuapem Anafo (AkuapemSouth). b. A declaration that the 6th Defendant having publicly declined to succeed and inherit the late Rev. Andrews Agyemang who he insulted together with the family is estopped from proclaiming himself as the successor to the late Rev. Andrews Agyemang and also Head of the Awukubea gate of the Odwobi-AduamoahAsakyire family. c. Perpetual injunction to restrain the Defendants by themselves, their cohorts, supporters from appointing and proclaiming the 6th Defendant as the successor to Rev. Andrews Agyemang and Head of the Awukubea gate of the Odwobi- AkuamoahAsakyirefamily. d. Costincluding legalfees. WHEREAS the parties were referred to Court Connected ADR (CCADR)toattempt settlement. WHEREAS all the parties have mutually agreed for the peaceful settlement of all the issues in controversy to be adopted as Consent Judgement. NOW THEREFORE THE PARTIES HEREIN AGREE MUTUALLY THATA CONSENT JUDGMENT is entered inthis suit asfollows: da 2 1. The case of the appointment of successor to the late Rev. AndrewsAgyemang has beensettledpeacefully. 2. The Defendants have agreed to present the nominated successor, Bossman Agyarko, to the elders at Aburi on an agreed date for thenecessary customary ritestobe performed atAburi. 3. The Plaintiff has waived cost and legalfeesin thesuit. 4. The Plaintiff has accepted the proposal made by the Defendants and so the case hasbeensettled. BYCOURT: IT IS HEREBY ADJUDGED that the Terms of Settlement filed by the parties on the 16th day of July, 2024 is hereby adopted as Consent Judgement ofthe Court. (SGD.) H/LRUBY NAA ADJELEYQUAISON [MRS.] (JUSTICEOF THE HIGH COURT) da 3